What Is Bail Forfeiture?

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What Is Bail Forfeiture?

A person who has been arrested for most misdemeanor and non-violent crimes may post an amount of money (bail) that will allow his or her release before a resolution of their case. The bail is used as a security to guarantee that they will make all upcoming court dates. A bail forfeiture occurs when the bail in involuntarily (by court order) or voluntarily (by the command of the defendant) released to the possession of the court without the possibility of repayment.

Experienced Bail Bondsman Available When You Need Us

A knowledgeable Frank S. Calabretta’s Bail House Bail Bonds bail agent is available around the clock to answer your questions about bail and bail bonds process, warrants, and the court system. To speak directly with an experienced bail bonds agent, call one of these numbers any time, day or night:

Auburn: 530-823-8340

Roseville: 916-782-7048

Nevada City: 530-265-0535

Involuntary Release

Involuntary bail forfeiture occurs when a person fails to appear at a scheduled court hearing, without a valid reason. The court will order that any bail posted for their release is paid over to the court. Forfeited bail does not end the case. Failing to appear for a court date will result in the issuing of an arrest warrant for the capture of the person. If or when the warrant is served, a new bail amount will be set and the defendant will need to post that new bail amount in order to be released again.

Voluntary Release

In some states and for certain cases, a defendant may use the bail posted for his release as payment for any court costs, fines, fees or assessments that have been imposed against them as part of a sentence. Under this circumstance, any bail forfeited to the court can only be used to satisfy court fees and fines. Fines and fees to the victim or as part of a crime may not be satisfied by the forfeited bail.

Bail Forfeitable Offenses

In some states, such as Washington and some counties in California, bail forfeiture can be used as both a means to obtain release from arrest and close a case. Most of these cases involve misdemeanor or traffic violations. Under these circumstances, a defendant posts bail for release from custody and security to appear. If the defendant appears in court within a specified time, he may contest his case. If he wins, the bail amount will be returned. If the defendant fails to appear, the bail is forfeited to the court and the case is closed.

Bail Forfeiture Authorizations

In most cases, the funds that are posted for a defendant's bail are not the defendant's own but that of friends or family members. The only recourse to getting their money back for involuntary or bail forfeiture is to collect it from the defendant himself. Most courts will require the authorization of the person who posted bail before allowing release of the funds for voluntary bail forfeitures.

Bail Forfeiture and Bail Bondsman

Sometimes there may be no one who can post bail for a defendant. A defendant may then seek help from a bail bondsman. For a fee (generally a percentage of the bail amount), the bail bondsman will put up his own money to secure the release of the defendant. If the defendant fails to appear at court and the bail is forfeited, the bail bondsman can sue the defendant or the defendant's estate for repayment. In extreme cases, the bail bondsman may ask the court for a delay of forfeiture and hire a bounty hunter to find and return the defendant to custody before the delay deadline.

Work with the Most Experienced Bail Bonds Agent in Placer County

Because it’s in your best interest to understand how bail and bail bonds work, visit our bail bonds FAQ page to learn even more. An experienced bail bond agent can also explain how bail bonds work when you contact a bondsman from Frank S. Calabretta’s Bail House Bail Bonds at these numbers:

Auburn: 530-823-8340

Roseville: 916-782-7048

Nevada City: 530-265-0535

Frank s. Calabretta’s Bail House Bail Bonds is licensed through the State of California Department of Insurance. Insurance bail license # 1570093.